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A86918 A vindication of the Treatise of monarchy, containing an answer to Dr Fernes reply; also, a more full discovery of three maine points; 1. The ordinance of God in supremacie. 2. The nature and kinds of limitation. 3. The causes and meanes of limitation in governments. Done by the authour of the former treatise. Hunton, Philip, 1604?-1682. 1644 (1644) Wing H3784; Thomason E39_12; ESTC R21631 66,271 81

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subjection Reas 3 is due 3. If Power in the supreme be such that it cannot be limited then either because it is Gods Ordinance or else because it is supreme but it s being Gods Ordinance hinders not for we see Rom. 13. All Powers as well supreme as subordinate are Gods Ordinance yet subordinate Powers may be limited not only in the Rule of Acting but in the kind of Acts as none can denie Neither its being supreme doth hinder its limitablenesse indeed as before it hinders it from being capable of confinement in the kind of Acts but in the measure or rule of working it doth not hinder in as much as a Soveraigne Power may as well attaine its end by being confined to another Law from without as by the Law of its own Reason if not much better also we no where finde Gods Word making any difference or giving power to confine subordinate Powers but forbidding it of Soveraignes Reas 4 4. That is to be granted which denied makes all Soveraignes arbitrary and of equall Power but to affirme that Power is one unlimited and investing all the Acts of the Soveraignes Will doth so for then is soveraignty arbitrary not when it hath no morall bounds for then none were or could be arbitrary but when Power is so fully in Reas 5 one that every Act of his Arbitrium or Will is Potestative and soveraigne 5. I have the judgement of all the Reformed Churches and Divines in Germany France Belgia Scotland on my part who have both allowed and actually used forceable Resistance against subversive Instruments of their Soveraignes Will yea our owne famous Princes Elizabeth James and our present Soveraigne both by edicts and Assistance have justified the same which they would not have done had they been perswaded of such an unlimited Ordinance of God investing all the Acts of the Will of him who is supreme So that by all this it appears that the Doctors conceit of such an unlimited Ordinance of God which he brings not a tittle of Gods word to prove is a meere chimera and groundlesse conceit Object Now the onely difficulty which I can thinke on is this Gods Ordinance in soveraignty as before is not onely Power to such an end but sufficiencie of Power to the assecution of that end now a limited Power seemeth not to be sufficient for the end of Government because there are two Powers necessary to the end of Government sc Power of making and authentique Interpreting of Laws which are not consistent with a Limitation of Power I answer It is true of Limitation in respect of Acts Sol. and therefore I averre that such a Limitation cannot be where Power is supreme but for Limitation to a Rule and defined way of Working I cannot see how it with-stands the end of Government So that supposing Power of making and Interpreting Laws be necessary to the end of Government yet that they be Absolutely resident in him who is supreme sc To make Lawes and Interprete Lawes authoritatively without being bound to follow any Light or Rule therin but his owne Reason is not necessary to the end of Government In these Acts a regulated Power is enough in the most simple State sc a Power to make new Lawes if any be needfull and Interpreting the old if ambiguous according to the Rule of the former established Laws and by the advise of his learned Counsell and Judges of his supreme Courts of Justice We see in matters spirituall there is no Legislative Power resident to ordain or give authentique sence in matters de fide yet the Church stands well enough one standing Rule of Scripture being sufficient with a ministeriall Interpretation So it is probable a State might by a complete standing Rule of Law and a Ministeriall Power of Interpretation were there no Legislative Power resident in any Supreme Magistrate thereof But the matter is farre more cleare in a mixed Government so that Assert 2 were it necessary in a simple Government that the Supreme should be unlimited in his Power yet in a Mixed which is enough for us in this Kingdome evidently it is not so And to make this appeare I will lay downe three grounds 1. Such a Government may be established that the supreme Power may be placed in many persons either of the same or divers condition that is in a mixed Subject else all formes were unlawfull except simple Monarchie 2. If this supreame Power be inequally placed in these Persons or States of men so that a reall sublimity and Principality be given to one then the denomination may be taken from that Principall and so it is a Monarchy or Aristocracy or Democracy mixed in the Power it selfe however it pleaseth this Replier to deride it with the top or Crowne of the head of which more hereafter 3. Where the Supremacy of power is thus in many although all taken together have an unlimited Power as in ours yet neither of them severall by himselfe hath or can have for it is a contradiction that it be resident in many and yet unlimitedly in One. Now to those two shewes of Argument which in the beginning I produced out of this Reply I say before Government be established it is true the people have no formall Politique Power of Life and Death yet they have a seminall that is every one for himselfe his family and posterity hath a power of resigning up their naturall liberty to be governed by One or many after this or that forme as they shall judge fittest God ordaining that Powers should be to such an end hath thereby legitimated and ratified any Consent or Contract which people may make of parting with their liberty and giving Magistrates a common Power over them to that end And Gods not prescribing any Rule or Measure of Power by his Ordinance of Authority hath left it in the peoples liberty to resigne up themselves according to such Rule and Termes as they judge fittest so it be such as the end of his Ordinance may be attained thereby Thus although by it selfe and excluding Gods Ordinance they have no immediate Power to lay a command on others nor Power of life and death yet in vertue of Gods Ordinance their common consent and contract is sufficient to set up such a Power which is endowed with a sufficiency of Command for Government and the end of Government over those which have each man for himselfe and his set it up So although second Causes have no Power by themselves to produce their effects yet working in vertue of the first Cause they have Power to produce effects sometimes farre beyond their own Measure Therefore I desire this Doctour either to bring some Ordinance of God expressely forbidding to set any bounds or Rule of Power upon the Will of the Magistrate or else let him suffer Man-kind to use their Right in resigning up that liberty which God and nature hath given them upon such termes and conditions as they apprehend best